Case Type
Non-payment
Housing Type
Other
Court
Supreme Court of the State of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
536444/2022
Slip Opinion Number
2024 NY Slip Op 32067(U)
Petitioner
Assata Rhodes
Respondent
New Bedford Management Corp., Peter Von Simson
Judge
Joseph, Ingrid
Decision/Order Date
2024-06-12
Posture
Pre-answer Motion by Tenant
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
The court denied tenant's motion for summary judgment in a non-payment dispute concerning surcharges and fees related to an income affidavit. The tenant failed to exhaust administrative remedies and establish the landlord's actions were arbitrary or unlawful under HPD rules. The court emphasized the tenant's obligation to comply with HPD income reporting requirements and procedural fairness in surcharge assessments, declining to grant summary judgment due to unresolved material facts and procedural lapses.
Recommended Citation
"Rhodes v. New Bedford Management Corp." (2024). All Decisions. 1570.
https://ir.lawnet.fordham.edu/housing_court_all/1570
